WQCS00013_NOV-2024-DV-0285 Notice of Intent_20240702

 

Certified Mail # 7017 0190 000 2486 1046
Return Receipt Requested

July 02, 2024

Jamie Revels, Utilities Director
Town of Cary
400 James Jackson Ave
Cary, NC 27513

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV‑2024‑DV‑0285
Sanitary Sewer Overflows ‑ June 2024
Collection System Permit No. WQCS00013
Cary Collection System
Wake County

Dear Permittee:

A review has been conducted of the self‑reported Sanitary Sewer Overflows (SSO’s) 5‑Day Report/s submitted by
Town of Cary. The Division’s Raleigh Regional Office concludes that the Town of Cary violated Permit Condition I
(2) of Permit No. WQCS00013 by failing to effectively manage, maintain, and operate their collection system so
that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted making an
outlet to waters of the State for purposes of G.S. 143‑215.1(a)(1), for which a permit is required by G.S.
143‑215.1.

The Raleigh Regional Office is providing the Town of Cary an opportunity to provide evidence and justification as
to why the Town of Cary should not be assessed a civil penalty for the violation(s) that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
_________________________________________________________________________________________________________________________________________________________________________
202401025 6/1/2024 193 309 EDGEMORE Debris in line, Grease 7,720 7,720 Notice of Violation -
AVENUE, CARY, Intent to Assess
27519
_________________________________________________________________________________________________________________________________________________________________________

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143‑215.6A, a civil penalty of not more than twenty‑five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143‑215.1.

This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non‑compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator’s history of non‑compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non‑compliance.

If you have any questions, please do not hesitate to contact Kevin Fowler with the Water Quality Section in the
Raleigh Regional Office at 919‑791‑4261 or via email at [e-mail].

Sincerely,

Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

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